In re the Probate of the Will of Boyle

John D. Bennett, S.

The proponent seeks a bill of particulars of such of the contestants’ objections as allege a revocation of the propounded instrument.

Since Matter of Weisberg (286 App. Div. 849) it is well settled in this department that a bill of particulars may be demanded of a party as to those issues on which he has the burden of proof. It seems equally well established in this department that specific facts may be demanded where a bill of particulars is required (see 2 Warren’s Heaton on Surrogates’ Courts, § 184, par. 3; Matter of Ludlam, 154 N. Y. S. 2d 989, 990 and cases there…